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En banc Federal Circuit affirms ITC decision on patent misuse

On August 30, 2010, the en banc Federal Circuit affirmed the decision of the ITC in Inv. No. 337-TA-474 (Princo Corp, et al. v. International Trade Commission, et al., Fed. Cir. 2007-1386). The opinion dealt with the doctrine of patent misuse, and the Court sustained the decision of the ITC that the doctrine does not bar the intervenor, U.S. Philips Corporation, from enforcing its patent rights against appellants Princo Corp. and Princo America Corp. Judge Bryson authored the Opinion, in which Chief Judge Rader and Judges Newman, Lourie, Linn, and Moore joined. Judge Dyk authored a dissent in which Judge Gajarsa joined.